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| Ithaca Police Seal Copyright Cyr 2015 |
HOW TO DEAL WITH POLICE
THE RIGHT WAY
Ithaca, NY is an interesting community because we have FIVE different police forces that operate and serve our community. They are: Ithaca Police Department, Tompkins County Sheriff’s Department, New York State Police, Cornell University Police, and Ithaca College Police (Campus Safety).
THE COLLEGE/UNIVERSITY COPS ARE REAL POLICE. Do not make the common mistake by students that college or university police are not “real cops.” They are sanctioned, licensed, state-regulated police departments and they can charge you and prosecute you with as much power as any of the other departments.
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| Copyright Cyr 2015 |
There are several common crimes associated with being disrespectful or belligerent with the police in New York. They are:
Obstructing Government Administration in the 2nd degree
(Penal Law, s. 195.05)
Under our law, a person is guilty of Obstructing Governmental Administration in the Second Degree when that person intentionally [obstructs, impairs or perverts the administration of law or other governmental function or] prevents or attempts to prevent a public servant from performing an official function.
Penalties: Class A misdemeanor
(1 year in jail/3 yrs Probation/1 year CD, $1000 fine, community service, court surcharges)
Note: this crime is often used when somebody runs away from the police or refuses to comply with police orders when they show up to a house party or domestic call. Basically, if you do not do what the police ask you to do when they show up, they may charge you with this crime.
Resisting Arrest (Penal Law, s. 205.30)
Under our law, a person is guilty of Resisting Arrest when he or she intentionally prevents or attempts to prevent a police officer [or peace officer] from affecting an authorized arrest of himself or herself [or another person].
Penalties: Class A misdemeanor (see above)
NOTE: This one is self-explanatory. If an officer is trying to arrest you, do not struggle or you will likely add charges and make the situation worse.
KEY POINTS TO REMEMBER:
Always be respectful, courteous and polite when interacting with police officers. They carry a tremendous amount of power and have a lot of discretion as to who they can arrest and what they can charge you with...
Even if you are being arrested, be sure to always be polite and respectful --even if you are exercising your right to remain silent. It can mean the difference in working out a good outcome for your case.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
